Eaton v. Gillet

Wisconsin Supreme Court

Eaton v. Gillet

17 Wis. 435

CourtWisconsin Supreme Court

DecidedJune 15, 1863

StatusPublished

Cited by3 cases

This text of 17 Wis. 435 (Eaton v. Gillet) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eaton v. Gillet, 17 Wis. 435 (Wis. 1863).

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Opinion

By the Court,

DfXON, C. J.

The complaint states a good cause of action. Part payment within the period prescribed takes a case out of the statute of limitations. This was determined in Cleveland vs. Harrison, 15 Wis., 670; but as this [436]*436case arose before that was decided, and as we then listened to a lengthy and most elaborate argument of the question, we. cannot pronounce the demurrer to have been frivolous, though it might have been so had it been taken since that decision. The judgment must, therefore, be reversed, and cause remanded for further proceedings according to law.

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By the Court,

DfXON, C. J.

The complaint states a good cause of action. Part payment within the period prescribed takes a case out of the statute of limitations. This was determined in Cleveland vs. Harrison, 15 Wis., 670; but as this [436]*436case arose before that was decided, and as we then listened to a lengthy and most elaborate argument of the question, we. cannot pronounce the demurrer to have been frivolous, though it might have been so had it been taken since that decision. The judgment must, therefore, be reversed, and cause remanded for further proceedings according to law.

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Bluebook (online)

17 Wis. 435, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eaton-v-gillet-wis-1863.

Opinion

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